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Long Island Birth Injury Lawyer

While it is easy to take the birth of a healthy child for granted, the reality is that tragedy can happen and a birth injury can occur. A birth injury can be tragic for the baby, and devastating for the parents and the rest of the family. There are many causes for birth injuries. In many cases a birth injury occurs because of complications during labor and delivery. In other cases, a misdiagnosis may cause the baby to suffer a birth injury that will have life long, permanent consequences for both the baby and the parents. If your child suffered a birth injury as a result of a medical misdiagnosis or some other type of medical malpractice, it is important that you contact an experienced Long Island birth injury lawyer as soon immediately as you may be entitled to financial compensation for your child’s injuries.

Common Types of Birth Injuries

Statistics show that approximately 27 out of every 1,000 births in the United States will involve some sort of birth injury. One of the most common birth injuries is cerebral palsy. Cerebral palsy affects the child’s muscle coordination and movement. Birth injuries can be caused by the infant not getting enough oxygen. Other common birth injuries include broken bones, Erb’s palsy, seizures, hypoxic ischemic encephalopathy, paralysis and perinatal asphyxia. Depending on the severity of your baby's condition, a birth injury may mean that your child will require lifelong treatment and special care.


Shortly after Jennifer Ferraro’s baby, Eduardo Nobre, was delivered he was diagnosed with several conditions including shoulder dystocia, Erb's palsy and lack of muscle control in the arm, hand, or wrist. As a result Eduardo will never be able to independently complete even the simplest activities of daily living, and must always use therapeutic devices to move around. Ferraro filed a medical malpractice lawsuit against the physician who delivered Eduardo. Nobre v. Shanahan, 976 N.Y.S.2d 841 (N.Y. Sup. Ct., 2013)

Causes of Birth Injuries

Birth injuries are often caused by negligence on the part of the obstetrician, pediatrician, anesthesiologist, or other health care provider involved in the care during labor and delivery. For example, failure to notice changes in the baby's heart rate, failure to detect other symptoms of fetal distress, failure to order a C-section until it is too late, administering the wrong medication or failure to use forceps or other medical tools properly.

A significant source of birth injuries is the improper administration of anesthesia. When administered properly it can help the mother’s birthing experience. When it is not administered properly the results can be catastrophic. The mother, the baby or both could be permanently injured.

Other errors that result in birth injuries include failure to detect or properly treat complications such as gestational diabetes, breech positioning, preeclampsia or umbilical cord complications.

Pursuing Compensation for a Birth Injury

As a birth injury attorney in Long Island will explain, if you believe your child’s condition was the result of a medical error, you have the right to file a medical malpractice claim and name your doctors, the hospital and other medical personnel as defendants. However, in order to win your claim, you must have evidence not only that a medical mistake was made, but that the mistake was tantamount to medical malpractice. Whether the mistake was a failure to make the correct diagnosis, failure to properly treat a condition, or failure to get informed consent, the mistake is only malpractice if the medical professional’s actions were not reasonable considering accepted medical norms. In other words, it is not unusual for a doctor make a mistake. What is unacceptable is when the doctor’s mistake is one that no other competent doctor would make.

Compensable damages in a birth injury medical malpractice claim include past and future medical expenses, and pain and suffering.

Contact the Law Offices of Stephen Bilkis & Associates

Birth injuries can leave a family emotionally and financially devastated. Learning that the condition was preventable and caused by the errors of healthcare workers only adds to the emotional distress. If you are concerned that your child's cerebral palsy, or other condition was caused by a medical mistake, do not hesitate to immediately contact an experienced birth injury attorney serving Long Island. Contact the Law Offices of Stephen Bilkis & Associates to discuss the details of your case. Our staff is experienced in handling claims from people injured due to the mistake of a healthcare worker. Contact us at 1-800-NY-NY-LAW (1-800-696-9529) to schedule a free, no obligation consultation regarding your case. We represent clients in the following locations: the Bronx, Brooklyn, Long Island, Manhattan, Nassau County, Queens, Staten Island, Suffolk County and Westchester County.

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